The Public Prosecutor's Office alerts about the risks of the new law on the extinction of domain in Peru.

The recent decision by the Congress of the Republic of Peru to approve, in its first voting, a bill that modifies the Law on Extinction of Domain has generated strong opposition from the Attorney General's Office (PGE). Through an official statement, the agency has expressed its concern about the implications these reforms could have on the fight against corruption and other crimes affecting Peruvian society. The PGE argues that the extinction of domain is a fundamental tool in the country's criminal policy, allowing for the recovery of assets acquired illegally. The bill in question, known as Bill No. 3577/2022-CR, seeks to improve procedures related to the extinction of illicit assets. However, the PGE maintains that these modifications weaken the current legal framework and that, instead of improving it, "turn their back on international commitments and lack the necessary technical depth." This criticism is based on concerns about the effectiveness of the measure in recovering illicit assets, which has allowed the Peruvian state to recover more than S/ 545 million to date. The extinction of domain has proven to be an effective mechanism to address various crimes, including drug trafficking, corruption of officials, illegal mining, and money laundering. The PGE's statement emphasizes that the new legislation, if approved in a second voting, would condition the application of the extinction of domain to the existence of a firm criminal conviction, which would drastically limit its scope. This would exclude assets belonging to deceased defendants or those who are fugitives, in addition to affecting more than five thousand ongoing cases. The PGE's concern is focused on the possibility that this modification could undermine efforts to recover assets obtained through illicit activities. In this regard, the Attorney General's Office calls on legislators to reconsider the implications of the reform and take into account the observations made by the institutions that are part of the Specialized Subsystem for Extinction of Domain, which includes the Judiciary and the Attorney General's Office itself. The PGE's rejection adds to the criticisms that have emerged from various sectors of society, who warn that the modification of the law could lead to a setback in the fight against organized crime and corruption. The general perception is that, instead of facilitating the process of extinction of domain, the proposed reforms would unnecessarily complicate it, affecting the state's ability to act against crimes that have had a devastating impact on the country. On the other hand, the PGE has also highlighted that the current regulations have been fundamental in maintaining autonomy and respect for due process during investigations. This, in turn, has allowed the state not only to recover resources but also to send a clear message that impunity in the acquisition of illicit assets will not be tolerated. It is important to note that the bill was presented to the full Congress one day before its voting, which has raised questions about the transparency and the time allocated for discussion on such a critical issue for the country's criminal policy. The PGE calls for reflection and the need for a more thorough analysis before making decisions that could negatively affect the fight against impunity. Finally, the Attorney General's Office reiterates its commitment to defending the interests of the Peruvian state in the processes of extinction of domain and its willingness to collaborate with Congress in seeking solutions that genuinely improve the legal framework without compromising effectiveness in the recovery of illicit assets. The second voting promises to be a decisive moment that will determine the future of this crucial tool in the fight against corruption and organized crime in Peru.